Yes, you can ask for assets to be frozen while an arbitration is running in Vietnam. Once formed, the arbitral tribunal can order interim measures such as preserving evidence, prohibiting changes to disputed assets or freezing property, and before the tribunal exists, or where a court order is more practical, you can apply to the competent Vietnamese court. In most cases you must provide security against loss caused by a wrongful measure.
Interim measures matter because an award is only worth what you can collect. If a counterparty transfers inventory, empties bank accounts or sells equipment while the case runs, a winning award may be uncollectable. This guide explains the measures available, the choice between tribunal and court, the evidence and security you need, and the risks of asking for too much. Specific procedures and security amounts depend on current law and court practice, so check them before acting.
Why interim relief matters more than many foreign parties expect
Foreign companies often focus on winning the arbitration and leave enforcement for later. In Vietnam, as elsewhere, that can be a costly sequence. Arbitration takes months, and a counterparty facing a large claim has time to restructure, move assets to related companies or simply let receivables flow elsewhere. When the award finally arrives, the company may be an empty shell.
Interim measures do not decide who is right. They preserve the status quo so that the final decision can be effective. They are also used for practical purposes unrelated to money: preventing destruction of evidence, stopping use of disputed equipment or technology, or ensuring perishable goods are sold and the proceeds held rather than lost. In construction and manufacturing disputes, preserving the site or the machinery in its current state can be just as important as securing money.
Because these measures interfere with the other side’s business before any decision on the merits, tribunals and courts approach them carefully. You should expect to explain why the measure is needed now, why it is proportionate, and why money damages later would not be enough. Requests based on general fear, without concrete signs of risk, are less likely to succeed. Evidence gathered lawfully, such as public registry changes, notices to customers or the other side’s own correspondence, carries far more weight than rumours from former employees.
The measures available
Preserving evidence. An order that documents, samples or data relevant to the dispute be kept and not destroyed or altered. Useful in quality, construction and technology disputes.
Prohibiting changes to disputed assets. An order that the other party must not sell, transfer, mortgage or otherwise change the status of specific property connected to the dispute.
Prohibiting or requiring certain acts. An order that a party stop doing something, such as using disputed equipment, or do something needed to prevent harm while the case proceeds.
Attachment or seizure of disputed property. Holding specific property so it cannot be dealt with, sometimes placing it in safekeeping.
Measures for perishable or declining assets. Where goods may spoil or lose value, a tribunal or court can be asked to allow their sale with proceeds held pending the outcome. This protects both sides from a loss that neither can later recover.
Freezing property or bank accounts. Blocking accounts at banks or credit institutions, or freezing property held at a particular location, up to the value needed to secure the claim.
Tribunal or court: which to ask
Vietnamese arbitration law lets both the tribunal and the court grant interim measures, but not in a way that duplicates requests. The choice depends on timing and on who must comply.
| Question | Arbitral tribunal | Vietnamese court |
|---|---|---|
| Available before the tribunal is formed? | No | Yes, once the arbitration has been started or in support of it |
| Binds third parties such as banks? | Indirectly, through enforcement of the tribunal’s decision | Court orders are addressed to the relevant bodies directly |
| Familiarity with the dispute | High, the tribunal knows the file | Lower, the court sees only the application |
| Language | Language of the arbitration | Vietnamese, with translated supporting papers |
| Enforcement of the measure | Through the civil judgment enforcement agency | Through the civil judgment enforcement agency |
A party that has asked the tribunal for a measure generally cannot ask the court for the same measure, and the reverse also applies, though different measures may be sought from each. Map out your requests before filing so that you do not block yourself from the better forum.
Preparing an application
Whether you apply to the tribunal or the court, a well-prepared request follows the same logic:
- Identify exactly which measure you want and over which assets, with as much detail as possible: bank names, property descriptions, location of goods.
- Show the link between the assets and your claim, and the approximate value you need to secure.
- Present concrete evidence of risk, such as notices of asset sales, transfers to related entities, closing of branches, or statements suggesting non-payment.
- Explain why the measure is urgent and why harm would be difficult to repair later.
- Be ready to provide security, usually a sum of money, precious items or a bank guarantee, in an amount set by the tribunal or court.
- Prepare certified translations of key evidence if applying to a court, and check the competent court and current procedure for the province where the assets are located.
Speed matters, but so does accuracy. An application that misdescribes the assets or overstates the claim can be rejected, or later lead to liability.
Remember that interim measure applications are often decided on paper and quickly, sometimes before the other side is heard. That places a duty of fairness on the applicant in practice: present the facts honestly, including those that do not help you. A measure obtained on a misleading picture is likely to be cancelled once the other side responds, and can damage your credibility with the tribunal for the rest of the case.
Security and the risk of a wrongful measure
Interim measures are powerful, so the law balances them with a safeguard: the applicant usually has to deposit security, and if the measure turns out to be unjustified and causes loss to the other party or third parties, the applicant may have to compensate that loss. This is not a technicality. Freezing a company’s operating account can disrupt payroll and supply payments, and the resulting damages claim can be substantial.
The amount of security is set by the tribunal or court based on the likely loss the measure could cause. Prepare liquidity for this in advance, especially if you are seeking a freeze over a large amount. A bank guarantee from a bank acceptable to the court may be easier than a cash deposit for many foreign companies, but check what is accepted in practice.
Ask only for what is needed. A targeted measure over specific assets is easier to obtain, easier to defend if challenged, and less likely to lead to compensation claims than a broad freeze over everything the other party owns. You can return for further measures if circumstances change. Courts and tribunals tend to trust applicants who show restraint, and that trust helps when you later need a second, more urgent order quickly.
After the measure is granted: enforcement and changes
A tribunal decision on an interim measure is enforced through the civil judgment enforcement agency, which communicates with banks, land registries or other bodies holding the assets. A court decision follows a similar enforcement path. Enforcement officers act quickly in urgent cases, but practical steps take time, so supply full and accurate details of the assets to avoid delays.
The other party can ask the tribunal or court to change or cancel the measure, for example by offering alternative security or showing that the risk has disappeared. You may also ask to cancel a measure yourself if the parties reach a settlement or if it is no longer needed. Keep the tribunal informed of any developments, since the measure will be reconsidered in light of the final award. Diarise any conditions attached to the order, such as deadlines to top up security.
If the award is in your favour, the frozen assets make enforcement far easier. If you lose, the measure is lifted, and you may face a claim for losses caused. That asymmetry is another reason to weigh carefully whether, and how widely, to seek interim relief.
Planning ahead in the contract and during due diligence
The groundwork for effective interim relief is laid long before any dispute. During due diligence, record your counterparty’s bank relationships, key assets and corporate group. In the contract, consider security such as guarantees from a parent company, retention of title for goods, or pledges over assets, which give you rights independent of any later court order.
Make sure the arbitration clause does not unintentionally restrict access to courts for interim relief. Most institutional rules and Vietnamese law preserve that right, but a carefully worded clause can confirm it. If the contract chooses foreign arbitration, check with counsel how interim measures from a foreign tribunal or emergency arbitrator would be treated in Vietnam, as recognition of such interim orders is less settled than recognition of final awards.
Finally, monitor the relationship. Late payments, unexplained changes in management or sudden asset sales are early warnings. Acting on them early, while assets remain, gives you a much stronger basis for interim measures than waiting for the final award.
When you need a Vietnamese lawyer
Interim measures are one of the areas where a licensed Vietnamese lawyer is almost essential. Applications to Vietnamese courts must be filed in Vietnamese, with evidence translated and organised to meet court requirements, and the competent court depends on the location of assets and the current structure of the courts after the 2025 reorganisation. Counsel will know how quickly courts and enforcement agencies in the relevant province tend to act, what security is usually required, and how to describe assets so the order can be enforced.
A lawyer can also coordinate between the arbitration and the court so that requests do not overlap, prepare the security arrangements in a form the court accepts, and respond quickly if the other side applies to cancel the measure. Those steps often happen within days, and delays at that stage can undo the protection you obtained.
Engage counsel as soon as you see signs of asset movement, before filing the arbitration if necessary. Check the applicable procedure, security requirements and enforcement steps with the court or a licensed lawyer, since these depend on current law and local practice.
Frequently asked questions
Can I freeze a Vietnamese company’s bank account before starting arbitration?
Interim measures from a court are generally tied to a pending or commenced arbitration, so in practice you start the arbitration and apply at the same time, or immediately after. Check the current procedural rules with a licensed lawyer, since timing requirements matter.
Do I have to pay security to obtain an interim measure?
Usually yes. The tribunal or court sets an amount of security to cover possible losses if the measure turns out to be unjustified. It can be a cash deposit, valuables or a bank guarantee, depending on what is accepted.
Can an arbitral tribunal in Vietnam freeze assets held by a third party?
The tribunal’s decision is addressed to the parties, but enforcement through the civil judgment enforcement agency can involve banks and other holders of the assets. For measures directed at third parties, a court order may be more practical. Ask counsel which route fits.
What happens if the measure was wrong?
If the measure is found to be unjustified and causes loss to the other party or third parties, the applicant may have to compensate that loss, and the security deposit can be used for that purpose. Ask only for proportionate measures backed by evidence.
Will Vietnam enforce an emergency arbitrator order from Singapore?
The treatment of interim orders from foreign tribunals and emergency arbitrators in Vietnam is less settled than recognition of final awards. Do not rely on it alone. Consider applying to a Vietnamese court for interim measures in support of the foreign arbitration, with local counsel.